About the Database
The Electoral Justice Database is a comprehensive source of global comparative data on electoral dispute mechanisms that has been divided into four main topics. The topics include procedures of dispute resolution related to election results, political party and candidate nomination and registration, election campaign finance and election-related criminal offences. The laws and regulations were compiled from different sources, including the official web portals of governments, regional organizations working in the area of democracy and electoral processes, and national EMBs or other bodies working with elections. The database allows you to sort data by geographical scope, filter data by election type, and define the output by issues covering the four main topics.
The information in the database is divided into four sections.
challenges to election results, provides comparative data on electoral dispute resolution systems designed to deal with challenges to election results. Data includes details on jurisdiction, timelines, and standing to bring such challenges.
challenges related to political party/candidate registration or nomination part is designed to provide comparative data on how disputes during nomination and/or registration of candidates are handled in various countries.
challenges related to campaign financing, covers institutional oversight of campaign finance and the procedures of handling infractions related to breaches of regulations. It also includes the types of non-criminal sanctions against such infractions.
covers election related criminal offences. This part provides comparative data on how criminal offences related to election processes are treated. Users can find data on the types of offences described in the law and available sanctions.
- Binding voluntary arbitration: A process in which the disputing parties choose and agree a neutral person to hear their dispute and resolve it by making a final and binding decision or award. Arbitration is an adversarial, adjudicative process designed to resolve the specific issues submitted by the parties. Arbitration differs significantly from litigation in that (1) it does not require conformity with the legal rules of evidence and procedure, (2) there is flexibility in timing and choice of decision makers, and (3) the proceeding is conducted in private rather than in a public forum. Binding arbitration awards are usually enforceable by courts, so long as there are no defects in the arbitration procedure.
- Mandatory non-binding arbitration: This form of arbitration follows from court proceedings. Court-appointed arbitrators hear cases subject to jurisdictional limits set out in the relevant legislation and regulations. The losing party has the right to a new trial (trial de novo) in the trial court.
A criminal penalty is always imposed by a court. An administrative penalty can in some electoral justice systems be imposed by the EMB.
- The competence and geographic scope of a court or other judicial body in direction-making, decision-making and implementation powers.
- The power or authority of a court to act. The court must have jurisdiction both over the subject matter and geographic area of the complaint and over the person or body against whom relief is sought.
The principle that law should ‘rule’ in the sense that it establishes a framework within which all conduct or behaviour takes place.